The Government plans
to make independent scrutiny of the National Health Service a criminal
offence in a move described as 'control freakery' and 'totalitarian' by
health campaigners.

Health Secretary
Alan Milburn wants to outlaw awkward independent reports on standards and
treatment in the NHS, and rely on official studies to monitor all aspects
of the service. Any group or individual trying to produce an independent
report will be subject to heavy fines.

The Minister also
wants to disclose patients' medical records to third parties for research
purposes - even if they and their doctors object.

Patients' groups
and doctors have accused Milburn of being 'Orwellian' and 'undemocratic'
in the new Health and Social Care Bill. Clause 59 of the Bill, to be examined
by Parliament this week, follows embarrassing reports into NHS care. It
will mean patient and consumer groups will not be able to do spot checks
on hospitals or clinics, or measure the effect of treatments. The Government
will have powers to control the publication of reports into doctors' workloads,
waiting times, conditions in hospitals and the quality of care. Studies
into deaths resulting from infections picked up in hospital would be banned
unless permitted by the Minister.

Any individual or
patient group breaking the rules will be fined up to £5,000. 'It
is a totalitarian approach, it is not democratic. It is total control freakery,'
said Dr Fleur Fisher, chairman of the British Medical Association's Foundation
for Aids and the BMA's former head of ethics. 'The immense width of these
powers are scary. It's like waking up and finding you are in 1984,' she
said.

The Department of
Health insists it needs the powers to stop patient information being used
against the interests of patients. A spokesman said: 'Use of the powers
must be approved by Parliament and use of information must be to improve
patient care or otherwise be in the public interest.'

Philip Stephens,
of the health information company IMS Health, said the powers threatened
'the ability of patient organisations, academics and the drugs industry
to undertake important research to improve the quality of patient care'.

Last week the Government
abolished the Patient's Charter and the rights enshrined in it. Milburn
is also abolishing Community Health Councils, the only statutory patient
watchdogs. The College of Health, an advice line that helps patients avoid
excessive waiting times, has lost its public funding.

Roger Goss, director
of Patient Concern, said: 'Milburn wants to create the appearance of greater
patient involvement, while trying to make sure there are no effective bodies
criticising his efforts to smarten the NHS.'

The Community Health
Councils are being replaced by much weaker Patients' Advocates, appointed
by the hospital and reporting to the chief executive. The Government has
replaced the Patient's Charter with ' Your Guide to the NHS '. Instead
of giving 'rights', it tells patients what they can 'expect', emphasising
patients' responsibilities in terms of not missing appointments, doing
exercise, and practising safe sex.

When he announced
plans to abolish the Patient's Charter, the then Health Secretary Frank
Dobson said: 'The old Patient's Charter focused too much on patients' rights.
It encouraged consumerism, but made health professionals defensive.'